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Individual and NGO Access to the African Court on Human and Peoples’ Rights: The Latest Blow from Tanzania

Published on December 16, 2019        Author: 

 

Recently, reports emerged (here and here) that the Tanzanian government withdrew its declaration allowing individuals and NGOs to directly submit applications against it at the African Court on Human and Peoples’ Rights (AfCHPR). Tanzania’s Minister for Foreign Affairs and East African Cooperation Prof. Palamagamba Kabudi signed the notice of withdrawal on 14 November 2019, and the African Union Commission received it on 21 November 2019.

Beyond the official withdrawal notice, the Tanzanian government has not made any additional statements clarifying or justifying its decision. Based on the timing, some have implied the withdrawal could be connected to a recent case (Ally Rajabu and Others v. United Republic of Tanzania) concerning Tanzania’s mandatory death sentence for murder convictions. However, considering the Court’s many judgments against Tanzania over the years (discussed below), it is more likely that this decision was in the making for quite some time.

The human rights community has been swift in its response. 20 civil society organizations issued a joint statement and the United Nations Office of the High Commissioner for Human Rights tweeted to condemn Tanzania’s decision and urge the government to reconsider.

While Tanzania is still a member of the African Court, withdrawing its declaration allowing individuals and NGOs to bring cases against it is significant not only for Tanzanians’ human rights protections, but also for the African Court as an institution. Cases against Tanzania account for a major portion of its caseload, and Tanzania—the Court’s host state—is the second state to withdraw this declaration.

Article 34(6) declarations for individual and NGO access to the African Court: the main pipeline for cases Read the rest of this entry…

 
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